Patna High CourtMJC/1924/2017allowed

Nabiullah Khan And ANR v. The State Of Bihar And ORS

2017-11-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1924 of 2017 In Civil Writ Jurisdiction Case No. 8345 of 2016 ======================================================

1. Nabiullah Khan S/o Late Hasim Khan R/O Vill- Pakhnaha, P.O.- Pakhnaha, Block + P.S. Bairiya, District- West Champaran (Bettiah)

2. Suresh Prasad, S/o Late Lal Bihari Prasad, R/o Vill- Bagahi Baghamberpur, P.O.- Patjirwa Block, P.S. Bairiya, District- West Champaran (Bettiah).

.... .... Petitioner/s

Versus

1. The State of Bihar through Special Secretary Animal and Fishery Resources Department, Govt. of Bihar, Patna

2. The Director, Animal and Fishery Resources Department, Govt. of Bihar, Patna

3. The District Fishery Officer-cum-Chief Executive Officer, West Champaran, Bettiah

4. The Ddirector, Bihar Renewable Energy Development Agency (Unch Energy Deptt., (Govt. Agency), Sone Bhawan, Veerchand Patel Marg, Patna-1.

5. The Branch Manager, I.D.B.I. Bank, Bettiah. .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Yadav, Adv. For the Opposite Parties : Mr. Md. Khurshid Alam - AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-11-2017 This application under Article 226 of the Constitution of India has been filed for restoration of C.W.J.C. No. 8345 of 2016, which stood dismissed due to non-compliance of the peremptory order dated 21.06.2017 passed by this Court. It is submitted by the learned counsel for the petitioners that by the aforesaid order dated 21.06.2017 this Court had issued notice to respondent no.5 for which the petitioner was granted one week peremptory time for filing requisites. He submitted that the Court was closed between 24.06.2017 and 27.06.2017 and due to

Patna High Court MJC No.1924 of 2017 (3) dt.29-11-2017 2/2 inadvertence the requisites were filed on 29.06.2017 whereas the peremptory time expired only one day before that on 28.06.2017. Learned counsel for the State does not oppose the application filed for restoration of the writ petition. Having regard to the submissions made above, the restoration application is allowed and C.W.J.C. No. 8345 of 2016 is restored to its original file.

(Ashwani Kumar Singh, J) Pradeep/- U